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Boundary dispute among LGUs; provisions of Local Govt Code on the issue.

For legal research purposes, we are sharing a petition we filed with the City Council of a MM city re a boundary dispute between two barangays in that city. Many will be surprised to know that in the PHL there are still many LGUs whose boundaries need to be rectified. The Local Government Code of 1991 has provisions on the matter.

PETITION
THE PETITIONERS respectfully state: I. PARTIES A. PETITIONERS x x x. B. RESPONDENT x x x. II. 5. NATURE OF THE COMPLAINT This petition respectfully seeks the administrative, political, rule-making power, and quasi-judicial intervention of the City Council, pursuant to the Local Government Code of 1991, to find ways and means of resolving, with wisdom and finality, the long-existing boundary dispute and related issuesthat have negatively affected the territorial identity, administrative operations[2], delivery of basic services[3], collection of revenues and fees, voters registration, and other general welfarerelated issues and concerns[4] facing the petitioner Barangay, resulting in unnecessary confusion in the minds of the voters, constituents and enterprises voting, residing, located or doing business within the territorial boundary of the petitioner Barangay and in the adjoining areas that were used to be known as forming part of the territorial boundary and jurisdiction petitioner Barangay for many decades now since it original creation. These issues have been in existence and have remained unresolved for the many decades now. It is time for the City Council to settle, resolve, mediate, arbitrate, and adjudicate the same with finality and in a comprehensive, wise, just, and fair manner, in the interest of public service and the general welfare not only of the two (2) contending Barangays but of the City itself as a whole.

6.

III. 7.

JURISDICTION AND APPLICABLE LAWS It will be noted that Sections 118 and 119 of the Local Government Code of 1991 provide for the specific procedures for the SETTLEMEMNT OF BOUNDARY DISPUTE. Inter alia, the said provisions vest in the City Council the power and authority to mediate, arbitrate, and adjudicate any and all boundary disputes between and among all Barangays located within its territorial jurisdiction, thus:

X X X. SECTION 118. Jurisdictional Responsibility for Settlement of Boundary Dispute. Boundary disputes between and among local government units shall, as much as possible, be settled amicably. To this end: (a) Boundary disputes involving two (2) or more barangays in the same city or municipality shall be referred for settlement to the sangguniang panglunsod or sangguniang bayan concerned. X x x. (e) In the event the sanggunian fails to effect anamicable settlement within sixty (60) days from the date the dispute was referred thereto, it shall issue a certification to that effect. Thereafter, the disputeshall be formally tried by the sanggunian concerned which shall decide the issue within sixty (60) days from the date of the certification referred to above. SECTION 119. Appeal. Within the time and manner prescribed by the Rules of Court, any party may elevate the decision of the sanggunian concerned to the proper Regional Trial Court having jurisdiction over the area in dispute. The Regional Trial Court shall decide the appeal within one (1) year from the filing thereof. Pending final resolution of the disputed area prior to the dispute shall be maintained and continued for all legal purposes. X X X. 8. Sections 7, et. seq. of the Code provides of the CREATION AND CONVERSION, DIVISION AND MERGER, ABOLOTION, and PLEBISCITE REQUIREMENT, by way of general guidelines, thus:

X X X. SECTION 7. Creation and Conversion. As a general rule, the creation of a local government unit or its conversion from one level to another level shall be based on verifiable indicators of viability and projected capacity to provide services, to wit: (a) Income. It must be sufficient, based on acceptable standards, to provide for all essential government facilities and services and special functions commensurate with the size of its population, as expected of the local government unit concerned; (b) Population. It shall be determined as the total number of inhabitants within the territorial jurisdiction of the local government unit concerned; and (c) Land Area. It must be contiguous, unless it comprises two or more islands or is separated by a local government unit independent of the others; properly identified by metes and bounds with technical descriptions; and sufficient to provide for such basic services and facilities to meet the requirements of its populace. Compliance with the foregoing indicators shall be attested to by the Department of Finance (DOF), the National Statistics Office (NSO), and the Lands Management Bureau (LMB) of the Department of Environment and Natural Resources (DENR). SECTION 8. Division and Merger. Division and merger of existing local government units shall comply with the same requirements herein prescribed for their creation: Provided, however, That

such division shall not reduce the income, population, or land area of the local government unit or units concerned to less than the minimum requirements prescribed in this Code: Provided, further, That the income classification of the original local government unit or units shall not fall below its current classification prior to such division. The income classification of local government units shall be updated within six (6) months from the effectivity of this Code to reflect the changes in their financial position resulting from the increased revenues as provided herein. SECTION 9. Abolition of Local Government Units. A local government unit may be abolished when its income, population, or land area has been irreversibly reduced to less than the minimum standards prescribed for its creation under Book III of this Code, as certified by the national agencies mentioned in Section 7 hereof to Congress or to the sangguniang concerned, as the case may be. The law or ordinance abolishing a local government unit shall specify the province, city, municipality, or barangay with which the local government unit sought to be abolished will be incorporated or merged. SECTION 10. Plebiscite Requirement. No creation, division, merger, abolition, or substantial alteration of boundaries of local government unitsshall take effect unless approved by a majority of the votes cast in a plebiscite called for the purpose in the political unit or units directly affected. Said plebiscite shall be conducted by the Commission on Elections (Comelec) within one hundred twenty (120) days from the date of effectivity of the law or ordinance effecting such action, unless said law or ordinance fixes another date. X X X. 9. Sections 385 and 386 of the Code provide for the MANNER OF CREATION of and the CONSOLIDATION PLAN for Barangays, thus: SECTION 385. Manner of Creation. A barangay may be created, divided, merged, abolished, or its boundary substantially altered, by law or by an ordinance of the sangguniang panlalawigan or panglunsod, subject to approval by a majority of the votes cast in a plebiscite to be conducted by the Comelec in the local government unit or units directly affected within such period of time as may be determined by the law or ordinance creating said barangay. In the case of the creation of barangays by the sangguniang panlalawigan, the recommendation of the sangguniang bayan concerned shall be necessary. SECTION 386. Requisites for Creation. (a) A barangay may be created out of a contiguous territory which has a population of at least two thousand (2,000) inhabitantsas certified by the National Statistics Officeexcept in cities and municipalities within Metro Manila and other metropolitan political subdivisions or in highly urbanized cities where such territory shall have a certified population of at least five thousand (5,000) inhabitants: Provided, That the creation thereof shall not reduce the population of the original barangay or barangays to less than the minimum requirement prescribed herein. x x x. (b) The territorial jurisdiction of the new barangay shall be properly identified by metes and bounds or by more or less permanent natural boundaries. The territory need not be contiguous if it comprises two (2) or more islands.

(c) The governor or city mayor may prepare a consolidation plan for barangays,based on the criteria prescribed in this Section, within his territorial jurisdiction. The plan shall be submitted to the sangguniang panlalawigan or sangguniang panglunsod concerned for appropriate action. In the case of municipalities within theMetropolitan Manila Area and other metropolitan political subdivisions, the barangay consolidation plan shall be prepared and approved by the sangguniang bayan concerned. X X X. 10. The long-existing boundary dispute and related issues and concerns, as well as the general feeling of confusion, disorderliness and instability created in the minds of the constituents of the two (2) contending Barangays for many decades now have negatively affected the effectiveness and efficiency of the operations and the delivery of basic services by the said Barangays, as well as the performance of their delegated powers, as provided in the Code, which are quoted hereinbelow. 10.1. This age-old destabilizing situation is not conducive to the promotion of the general welfare not only of the constituents and of the contending Barangays but also the City itself as a local government unit.

X X X. CHAPTER 4. The Sangguniang Barangay X x x. SECTION 391. Powers, Duties, and Functions. (a) The sangguniang barangay, as the legislative body of the barangay, shall: (1) Enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabitants therein; (2) Enact tax revenue ordinances, subject to the limitations imposed in this Code;

(3)

Enact annual and supplemental budgets in accordance with the provisions of this Code;

(4) Provide for the construction and maintenance of barangay facilities and other public works projects chargeable to the general fund of the barangay or such other funds actually available for the purpose; (5) Submit to the sangguniang panglunsod or sangguniang bayan such suggestions or recommendations as it may see fit for the improvement of the barangay or for the welfare of the inhabitants thereof; (6) Assist in the establishment, organization, and promotion of cooperative enterprises that will improve the economic condition and well-being of the residents; (7) Regulate the use of multi-purpose halls, multi-purpose pavements, grain or copra dryers, patios and other post-harvest facilities, barangay waterworks, barangay markets, parking areas or other similar facilities constructed with government funds within the jurisdiction of the barangay and charge reasonable fees for the use thereof;

(8) Solicit or accept monies, materials and voluntary labor for specific public works and cooperative enterprises of the barangay from residents, land owners, producers and merchants in the barangay; monies from grants-in-aid, subsidies, contributions, and revenues made available to the barangays from national, provincial, city or municipal funds; and monies from other private agencies and individuals: Provided, however, That monies or properties donated by private agencies and individuals for specific purposes shall accrue to the barangay as trust fund; (9) Solicit or accept, in any or all the foregoing public works and cooperative enterprises, such cooperation as is made available by national, provincial, city, or municipal agencies established by law to render financial, technical, and advisory assistance to barangays and to barangay residents: Provided, however, That in soliciting or accepting such cooperation, the sangguniang barangay need not pledge any sum of money for expenditure in excess of amounts currently in the barangay treasury or encumbered for other purposes; (10) Provide compensation, reasonable allowances or per diems as well as travel expenses for sangguniang barangay members and other barangay officials, subject to the budgetary limitations prescribed under Title Five, Book II of this Code: Provided, however, That no increase in the compensation or honoraria of the sangguniang barangay members shall take effect until after the expiration of the full term of all members of the sangguniang barangay approving such increase; (11) Hold fund-raising activities for barangay projects without the need of securing permits from any national or local office or agency. The proceeds from such activities shall be tax-exempt and shall accrue to the general fund of the barangay: Provided, That in the appropriation thereof, the specific purpose for which such fund-raising activity has been held shall be first satisfied: Provided, further, That no fund-raising activities shall be held within a period of sixty (60) days immediately preceding and after a national or local election, recall, referendum, or plebiscite: Provided, finally, That said fund-raising activities shall comply with national policy standards and regulations on morals, health, and safety of the persons participating therein. The sangguniang barangay, through the punong barangay, shall render a public accounting of the funds raised at the completion of the project for which the fund-raising activity was undertaken; (12) Authorize the punong barangay to enter into contracts in behalf of the barangay, subject to the provisions of this Code; (13) Authorize the barangay treasurer to make direct purchases in an amount not exceeding One thousand pesos (P1,000.00) at any one time for the ordinary and essential administrative needs of the barangay; (14) Prescribe fines in amounts not exceeding One thousand pesos (P1,000.00) for violation of barangay ordinances; (15) Provide for the administrative needs of the lupong tagapamayapa and the pangkat ng tagapagkasundo; (16) Provide for the organization of community brigades, barangay tanod, or community service units as may be necessary; (17) Organize regular lectures, programs, or fora on community problems such as sanitation, nutrition, literacy, and drug abuse, and convene assemblies to encourage citizen participation in government; (18) Adopt measures to prevent and control the proliferation of squatters and mendicants in the barangay;

(19) Provide for the proper development and welfare of children in the barangay by promoting and supporting activities for the protection and total development of children, particularly those below seven (7) years of age; (20) Adopt measures towards the prevention and eradication of drug abuse, child abuse, and juvenile delinquency; (21) law; Initiate the establishment of a barangay high school, whenever feasible, in accordance with

(22) Provide for the establishment of a non-formal education center in the barangay whenever feasible, in coordination with the Department of Education, Culture and Sports; (23) Provide for the delivery of basic services; and

(24) Exercise such other powers and perform such other duties and functions as may be prescribed by law or ordinance. SECTION 392. Other Duties of Sangguniang Barangay Members. In addition to their duties as members of the sangguniang barangay, sangguniang barangay members may: (a) (b) (c) Assist the punong barangay in the discharge of his duties and functions; Act as peace officers in the maintenance of public order and safety; and Perform such other duties and functions as the punong barangay may delegate. X X X. 11. The Code has provided for the RULES OF INTERPRETATION that the City Council may apply in a situation such as the present dispute, thus:

X X X. SECTION 5. Rules of Interpretation. In the interpretation of the provisions of this Code, the following rules shall apply: (a) Any provision on a power of a local government unit shall be liberally interpreted in its favor, and in case of doubt, any question thereon shall be resolved in favor of devolution of powers and of the lower local government unit. Any fair and reasonable doubt as to the existence of the power shall be interpreted in favor of the local government unit concerned; Xxx. (c) The general welfare provisions in this Code shall be liberally interpreted to give more powers to local government units in accelerating economic development and upgrading the quality of life for the people in the community; (d) Rights and obligations existing on the date of effectivity of this Code and arising out of contracts or any other source of presentation involving a local government unit shall be governed by the original terms and conditions of said contracts or the law in force at the time such rights were vested; and

(e) In the resolution of controversies arising under this Code where no legal provision or jurisprudence applies, resort may be had to the customs and traditions in the place where the controversies take place. X X X. 12. The petitioners are motivated by GOOD FAITH in filing this petition before the City Council. They do not intend to create any animosity between and among the people and the leaders of the two contending Barangays. The petitioners, in fact, adhere to the spirit of COOPERATIVISM AND UNITY provided in the Code, thus: X X X. SECTION 33. Cooperative Undertakings Among Local Government Units. Local government units may, through appropriate ordinances, group themselves, consolidate, or coordinate their efforts, services, and resources for purposes commonly beneficial to them. In support of such undertakings, the local government units involved may, upon approval by the sanggunian concerned after a public hearing conducted for the purpose, contribute funds, real estate, equipment, and other kinds of property and appoint or assign personnel under such terms and conditions as may be agreed upon by the participating local units through Memoranda of Agreement. X X X.

IV.

STATEMENT OF FACTS 13. Based on the documents so far gathered by the petitioner from the records of the City Government, on April 3, 1978, former Pres. Ferdinand Marcos issued the following Presidential Decrees (PD),which created Barangay Talon Dos, Barangay Talon Tres, Barangay Talon Kuatro, and Barangay Talon Singko, out of then then existing Barangay Talon, copies of which are hereto attached as Annex A to Annex D, to wit: a. b. c. d. PD No. 1335 (Annex A). Barangay Talon Dos. PD No. 1336 (Annex B). Barangay Talon Tres. PD No. 1337 (Annex C). Barangay Talon Kuatro. PD No. 1338 (Annex D). Barangay Talon Singko.

14. Pursuant to PD No. 1338 (Annex D, supra), which created in 1978 the petitioner Barangay Talon Singko, the following subdivisions known as MOONWALK, AGRO HOMES, MIKESELL, ST. SCHOLASTICA, and DELNOR in Barangay Talon were detached and separated therefrom to form and constitute into a distinct and independent barangay which is created to be known as Barangay Talon Singko without affecting in any manner the legal existence of the mother Barangay Talon. (emphasis supplied). 15. It appears from the records of the Office of the City Engineer that in the past it had apparently made preliminary technical studies of the boundaries of the various Barangays of the City. 15.1. Copies of the said preliminary technical studies insofar as they refer to petitioner Barangay Talon Singko are attached hereto as Annexes E, F, and G hereof.

15.2.

As far as could be gathered by the petitioners from the records of the said Office, the area of petitioner Barangay Talon Singko has an actual area of 137.25 hectares, constituting 4.16% of the Citys total of 3,298.60 hectares. The study shows that it proposed to increase its area to 166.35 hectares or 5.04% of the total area of the City, i.e., a proposed increase of 29.10 hectares. (See Annex E, with the unexplained title Option One). Petitioners do not have a complete copy of the said technical studies; do not know the legal basis for the commencement and conduct the said studies; under whose legal authority the same were done; what entity or agency or firm which conducted the field surveys, mappings and other aspects of the said studies; to whom the final results and recommendations of the said studies were submitted; what official actions were taken by the proper authorities of the City on the said results or recommendations; whether the proper ordinance was adopted by the City Council and approved by the City Mayor in accordance with the said studies; and many other unknown things, facts and events relative to the said studies and its aftermath or consequences. At any rate, the petitioners are not legally bound by the said studies, the same being what they are, i.e., mere studies and proposals which have not matured into an officially approved ordinance that had been subjected to an official Comelec-supervised plebiscite among the constituents of the affected Barangays, as mandated by the Local Government Code of 1991.

15.3.

15.4.

16. Many years back, in the early or middle part of the 1990s during the tenure of the former Chairman of petitioner Barangay Talon Singko, INNOCENCIO L. VALLE, the herein petitioner Barangay Talon Singko had formally submitted to the City Council a POSITION PAPER, a copy of which is attached asAnnex H hereof. It was submitted to a committee of the City Council which was then conducting a hearing on respondent Barangay Talon Unos letter-complaint that it had filed with the City Council on the matter of the boundary dispute between it and the herein petitioner Barangay Talon Singko. It appears that the City Council at that time did not take a final action or determination thereon by way of an ordinance or a resolution. In his aforecited position paper, Chairman Valle argued that: 16.1. In 1991 respondent Barangay Talon Uno passed Barangay Resolution No. 22, Series of 1991, for the purpose of claiming jurisdictional powers over areas where Barangay Talon Singko exercises jurisdictional powers. Respondent Barangay Talon Uno installed signboards over certain areas in Talon Singko xxx giving the impression that it is Talon Uno who has jurisdiction over these areas. The territorial jurisdiction of Barangay Talon Singko is NOT LIMITED TO THE AREAS COVERED BY THE SUBDIVISIONS enumerated in P.D. No. 1338 (Moonwalk, Agro Homes, Mikesell, St. Scholastica and Delnor) because Barangay Talon Singkos jurisdiction extends to areas contiguous to these subdivisions over which Talon Singko presently exercise(s) jurisdiction by way of delivering essential public services x x x. The aforecited position of Barangay Talon Singko, according to Chairman Valle, was buttressed by (a) PD No. 1338, (b) Local Government Code of 1991, (c) Cadastral Map of Talon Singko prepared by the Bureau of Lands, (d) Location of Voting Precincts by the Comelec, (e) Recognition By The Candidates For Barangay Talon Singko Who Resided Outside of the Five (5) Subdivisions Enumerated in PD No. 1338, and (f) Services Rendered by Barangay Talon Singko to Residents Outside of the Five (5) Subdivisions Enumerated by PD No. 1338 who Sought Services in Talon Singko. Chairman Valle cited Section 7 of the Local Government Code (in relation to Section 2 of PD No. 1338, on the requirement that the land area of a Barangay must be CONTIGUOUS and PROPERLY IDENTIFIED BY METES AND BNOUNDS WIOTH TECHNMICAL DESCRIPTIONS

16.2.

16.3.

16.4.

16.5.

and SUFFICIENT TO PROVIDE FOR SUCH BASIS SERVICES AND FACILITIES TO MEET THE REQUIREMENTS OF ITS POPULACE. 16.6. PD No. 1338 did not describe the METES AND BOUNDS of Barangay Talon Singko but merely enumerated the five (5) subdivisions. Simultaneously with the submission of his Position Paper, Chairman Valle also submitted therewith to the City Council a CADASTRAL MAP of Barangay Talon Singko prepared by the Land Management Bureau,wherein it appeared that the total area of the said Barangay in 1991 was 271.8195 hectares, which included the above-mentioned five (5) subdivisions and the AREAS CONTIGUOUS THERETO. Chairman Valle Sec. 6 of the Code as the source of the power of the City Council to alter substantially the boundaries of Barangays within its jurisdiction by way of an Ordinance adopted for the purpose. He stressed, thus: In the case of Talon Singko, it is prayed that the attached Cadastral Map be made the basis for fixing its territorial jurisdiction. (See: Page 4 of the Position Paper of Chairman Valle).

16.7.

16.8.

16.9.

16.10. The Comelec had allowed voters living in the areas contiguous to the five (5) subdivisions enumerated in PD No. 1338 to register and vote in the precincts that it had created and installed in Barangay Talon Singko, i.e., recognizing the residence/domicile of the said voters as being officially located within the territory of Barangay Talon Singko. 16.11. Comelec had allowed two (2) Kagawads of Barangay Talon Singko at that time, in the persons of MARTIN BUMANLAG (a resident of Metrocor Homes) and JEANILIND DE RAMA (a resident of Veraville Homes), to vote and be voted upon as Kagawads of Barangay Talon Singko. 16.12. Barangay Talon Singko had administered the provisions of the Barangay Justice Law of the Local Government Code to the parties/litigants who lived in the areas contiguous to the five (5) subdivisions enumerated in PD No. 1338 who had sought such justice-related services of Barangay Talon Singko. 17. For purposes of the instant petition, the herein petitioners (who are incumbent Kagawads of petitioner Barangay Talon Singko) have recently adopted a POSITION PAPER, a copy of which is attached as Annex I hereof, substantially adopting the legal and factual arguments of Chairman Valle,supra. 18. In a LETTER, dated February 5, 2012, a copy of which is attached as Annex J hereof, the Barangay Council of Barangay Talon Singko wrote the City Mayor, Hon. Vergel A. Aguilar, to PROTEST the actions apparently being taken by the City Council to reduce the land area of Barangay Talon 5 to favor the claim of respondent Barangay Talon Uno. They cited various legal, factual, and administrative grounds in support of their Letter. They prayed that the current Cadastral Map/Survey prepared by the Department of Environment and Natural Resources, a copy of which was attached to the said Letter and submitted to the City Mayor, be made as the basis to affirm the current territorial boundaries of Barangay Talon Singko as recognized and practiced for many decades. They also attached to their Letter copies of petitions that had been submitted to them by the constituents of Barangay Talon Singko in support of their position. 19. On March 27, 2012, the Barangay Council of petitioner Barangay Talon Singko adopted BARANGAY RESOLUTION NO. 10-12, Series of 2012, a copy of which is attached as Annex

Khereof, authorizing the creation of an ad hoc Committee to conduct general consultations with the people of Barangay Talon Singko, commencing the institution of the proper legal actions against respondent Barangay Talon Uno, and empowering its Chairman, John John Orcine and its External Legal Counsel, to represent the said Barangay in respect of such legal actions at the formal attorneys-in-fact thereof. 20. Various homeowners associations and/or residents/voters living in the five (5)subdivisions and in the areas outside thereof but are contiguous thereto have recently submitted to the petitioner Barangay Talon Singko their respective written mass petitions in support of the position of the petitioners, to wit: 20.1. Annex L. Board Resolution No. 2011-04, dated August 27, 2011, adopted by the METROCOR B HOMEOWNERS ASSOCIATION, INC., which contains the signatures of its directors and officers, as well as its mass membership. Annex M. Mass Letter-Petition, dated January 13, 2012, from the directors, officers and mass membership of the UNITED CAIMITO (GOLDEN ACRES SUBDIVISION) NEIGHBORHOOD ASSOCIATION, INC. addressed to the City Mayor. Annex N. Mass Letter-Petition, dated January 13, 2012, from the directors, officers and the mass membership of the SAMATA, Talon Singko. Annex O. - Mass Letter-Petition, dated January 15, 2012, from the directors, officers and mass membership of the SAMAHANG PAGBABAGO NEIGHBORHOOD ASSOCIATION, INC. (KALIPI). Annex P. - Mass Letter-Petition, dated January 15, 2012, from the directors, officers and mass membership of the DONA LEONCIA SUBDIVISION HOMEOWNERS ASSOCIATION, INC.

20.2.

20.3.

20.4.

20.5.

21. The prejudicial and injurious efforts of the respondent Barangay Talon Uno, acting thru its Chairman EMILIANHO RAMOS, to control, take over, and assume power over the areas contiguous to the five (5) subdivisions which have been, for many decades, traditionally and officially classified by the City as part and parcel of petitioner Barangay Talon Singko, continue to this very date. 21.1. The latest proof the petitioners have gathered along this line is a Letter, dated April 18, 2012, issued by respondent Barangay Talon Uno Chairman Emiliano Ramos addressed to Abet Penafiel,president of PAG-IBIG HOMEOWNERS ASSOCIATION (Golden Acres Subd.) , a copy of which is attached as Annex Q hereof. It misleads the addressee to believe that there are no Barangay authorities serving them and that they may write him an endorsement lettersigned by Mr. Penafiel and his members. It further misleads the addressee to believe that respondent Barangay Talon Uno has jurisdiction over Golden Acres Subdivision and all the various homeowners associations existing therein. RELIEF WHEREFORE, premised considered, it is respectfully prayed that: 1. This petition be given DUE COURSE by the City Council and the Respondent be summoned to file its formal ANSWER thereto to formally join the issues in this case;

V.

2.

This petition be referred to the proper Committees of the City Council for (a) MEDIATION (amicable settlement) and for (b) ARBITRATION/ADJUDICATION of this pending case by the City Council (i.e., after the proper presentation of evidence and witnesses by the parties and clarificatory examination/interpellation by the investigating Committee members), in the event of failure of the parties to arrive at a compromise, as mandated by the Local Government Code of 1991; Independent/neutral expert witnesses, resource persons and/or technical consultants from the concerned Departments, Bureaus, and/or Agencies of the National Government and the City Government of Las Pinas be identified and invited by the City Council to appear during the Committee hearings for consultation and clarificatory examination by the investigating Committees, with the parties being allowed to conduct cross-examinations in the interest of justice; A new, comprehensive and updated/current land survey of Barangay Talon Singko and Barangay Talon Uno be ordered by the City Council to form part of the evidence of this case for consideration by the investigating Committees thereof, which land survey shall include as part and parcel of petitioner Barangay Talon Singko all the areas which are outside of the five (5) subdivisions listed in PD No. 1338 but which are CONTIGUOUS thereto and which have been recognized for many decades now as part and parcel of petitioner Barangay Talon Singko; An opinion survey/poll be conducted by the City Council among the residents/voters of the areas which are outside the five (5) subdivisions enumerated in PD No. 1338 but which are CONTIGUOUS thereto and which have been traditionally recognized for many decades as part and parcel of petitioner Barangay Talon Singko to aid the investigating Committees in their appreciation of the pulse of the affected voters/residents in the said areas; A BARANGAY CONSOLIDATION PLAN be adopted by the City Council, subject to a PLEBISCITE, as mandated by the Local Government Code, to formally recognize the current territory of Barangay Talon Singko, that is, to include the areas outside of the five (5) subdivisions listed in PD No. 1338 but which are CONTIGUOUS thereto and which have been traditionally recognized as part and parcel of petitioner Barangay Talon Singko for many decades now; Pendente lite, the officers of the respondent Barangay Talon Uno be ordered to maintain the STATUS QUO ANTE LITIS MOTAM and that it be RESTRAINED AND ENJOINED from making any act or effort or activity that would tend to undermine or prejudice or weaken the current exercise of jurisdiction by petitioner Barangay Talon Singko over the areas outside of the five (5) subdivisions listed in PD No. 1338 but which are CONTIGUOUS thereto and which have been traditionally recognized as part and parcel of petitioner Barangay Talon Singko for many decades now; FURTHER, the petitioners respectfully pray for such and other reliefs as may be deemed just and equitable in the premises. Las Pinas City, May 18, 2012. LASERNA CUEVA-MERCADER LAW OFFICES Counsel for Petitioners Unit 15, Star Arcade, C.V Starr Avenue Philamlife Village, Las Pinas City 1740 Tel. Nos. 8725443, 8462538 Email _ lcmlaw@gmail.com URL lcmlaw.multiply.com www.facebook.com/lasernacuevamercaderlawoffices www.twitter.com/lcmlaw_ph attymanueljlasernajr.blogspot.com

3.

4.

5.

6.

7.

x x x.

Corporate Powers. (a) Every local government unit, as a corporation, shall have the following powers: (1) To have continuous succession in its corporate name; (2) To sue and be sued; (3) To have and use a corporate seal; (4) To acquire and convey real or personal property; (5) To enter into contracts; and (6) To exercise such other powers as are granted to corporations, subject to the limitations provided in this Code and other laws.
[1] SECTION 22.

Political and Corporate Nature of Local Government Units. Every local government unit created or recognized under this Code is a body politic and corporate endowed with powers to be exercised by it in conformity with law. As such, it shall exercise powers as a political subdivision of the national government and as a corporate entity representing the inhabitants of its territory.
[2] SECTION 15.

Basic Services and Facilities. (a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and responsibilities as are necessary, appropriate, or incidental to efficient and effective provisions of the basic services and facilities enumerated herein. (b) Such basic services and facilities include, but are not limited to, the following: (1) For Barangay: (i) Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations; (ii) Health and social welfare services which include maintenance of barangay health center and day-care center; (iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection; (iv) Maintenance of katarungang pambarangay; (v) Maintenance of barangay roads and bridges and water supply systems; (vi) Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, sports center, and other similar facilities; (vii) Information and reading center; and (viii) Satellite or public market, where viable;
[3] SECTION 17.

General Welfare. Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.
[4] SECTION 16.